what is the trademark under TM aCT.
Querist :
Anonymous
(Querist) 01 April 2011
This query is : Resolved
what is the trademark under TM aCT.
Kirti Kar Tripathi
(Expert) 01 April 2011
Trademark has been defined in Section 2(Zb) of the Trademark Act.which is as follows
(zb) "trade mark" means a mark capable of being represented graphically and
which is capable of distinguishing the goods or services of one person from those of
others and may include shape of goods, their packaging and combination of colours; and
(i) in relation to Chapter XII (other than section 107), a registered trade mark or
a mark used in relation to goods or services for the purpose of indicating or so as to
indicate a connection in the course of trade between the goods or services, as the case
may be, and some person having the right as proprietor to use the mark; and
(ii) in relation to other provisions of this Act, a mark used or proposed to be used
in relation to goods or services for the purpose of indicating or so to indicate a connection
in the course of trade between the goods or services, as the case may be, and some
person having the right, either as proprietor or by way of permitted user, to use the mark
whether with or without any indication of the identity of that person, and includes a
certification trade mark or collective mark
